(ii)in paragraph (b), for “this Act was passed” substitute “section 1078 of the Legal Aid, Sentencing and Punishment of Offenders Act 2011 came into force”.

Fines

79Removal of limit on certain fines on conviction by magistrates’ court

(1)Where a relevant offence would, apart from this subsection, be punishable on 15summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the offence is punishable on summary conviction by a fine of any amount.

(2)Where a relevant power could, apart from this subsection, be exercised to create an offence punishable on summary conviction by a fine or maximum 20fine of £5,000 or more (however expressed), the power may be exercised to create an offence punishable on summary conviction by a fine of any amount.

(3)For the purposes of this section, an offence or power is relevant if, immediately before the commencement day, it is contained in an Act or an instrument made under an Act (whether or not the offence or power is in force at that time).

(4)25Nothing in subsection (1) affects—

(a)fines for offences committed before the commencement day,

(b)fines that may be imposed on a person aged under 18, or

(c)fines that may be imposed on a person convicted by a magistrates’ court who is to be sentenced as if convicted on indictment,

30and nothing in subsection (2) affects a relevant power to the extent that it relates to such fines.

(5)The Secretary of State may by regulations—

(a)make provision disapplying subsection (1) or (2),

(b)make provision for a fine or maximum fine in relation to which 35subsection (1) is disapplied to be increased instead in accordance with the regulations, and

(c)make provision for a power in relation to which subsection (2) is disapplied to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of a higher amount 40specified or described in the regulations.

(6)Subsection (7) applies in relation to a relevant offence that, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine expressed as a proportion of an amount of £5,000 or more (however that amount is expressed).

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(7)The Secretary of State may by regulations make provision for the offence to be punishable on summary conviction by a fine of that proportion of a higher amount specified or described in the regulations.

(8)Regulations under this section may not include provision affecting—

(a)5fines for offences committed before the regulations come into force,

(b)fines that may be imposed on a person aged under 18, or

(c)fines that may be imposed on a person convicted by a magistrates’ court who is to be sentenced as if convicted on indictment,

or provision affecting a relevant power to the extent that it relates to such fines.

(9)10Regulations under this section—

(a)may make different provision for different cases or circumstances,

(b)may make provision generally or only for specified cases or circumstances, and

(10)The power under subsection (9)(c), and the power under section 132 to make provision in relation to this section, include power to amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an 20Act (whether or not the provision is in force at that time).

(11)Regulations under this section are to be made by statutory instrument.

(12)A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(13)25If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.

(14)For the purposes of this section, an offence is relevant whether it is a summary 30offence or an offence triable either way.

(15)In this section—

“the commencement day” means the day on which subsection (1) of this section comes into force;

“Act” includes an Act or Measure of the National Assembly for Wales.

8035Power to increase certain other fines on conviction by magistrates’ court

(1)Subsection (2) applies in relation to a relevant offence which, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000.

(2)The Secretary of State may by regulations make provision for the offence to be 40punishable on summary conviction by a fine or maximum fine of a higher amount specified or described in the regulations.

(3)Subsection (4) applies in relation to a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by a fine or maximum fine of a fixed

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amount of less than £5,000 but not to create an offence so punishable by a fine or maximum fine of a fixed amount of £5,000 or more.

(4)The Secretary of State may by regulations make provision for the power to be exercisable to create an offence punishable on summary conviction by a fine or 5maximum fine of a higher amount specified or described in the regulations.

(5)Regulations under this section may not specify or describe an amount exceeding whichever is the greater of—

(a)£5,000, or

(b)the sum specified for the time being as level 4 on the standard scale.

(6)10Regulations under this section may not include provision affecting—

(a)fines for offences committed before the regulations come into force,

(b)fines that may be imposed on a person aged under 18, or

(c)fines that may be imposed on a person convicted by a magistrates’ court who is to be sentenced as if convicted on indictment,

15or provision affecting a relevant power to the extent that it relates to such fines.

(7)Regulations under this section—

(a)may make different provision for different cases or circumstances,

(b)may make provision generally or only for specified cases or circumstances, and

(8)The power under subsection (7)(c) includes power to amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an 25Act (whether or not the provision is in force at that time).

(9)Regulations under this section are to be made by statutory instrument.

(10)A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(11)30If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.

(12)In this section “Act”, “the commencement day”, “relevant offence” and 35“relevant power” have the same meaning as in section 79.

81Power to amend standard scale of fines for summary offences

(1)The Secretary of State may by order substitute higher sums for the sums for the time being specified as levels 1 to 4 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences).

(2)40The power under subsection (1) may not be exercised so as to alter the ratio of one of those levels to another.

(4)In section 37 of the Criminal Justice Act 1982 (standard scale of fines for summary offences), in subsection (3), at the end insert “or section 81 of the 5Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

(5)An order under this section is to be made by statutory instrument.

(6)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7)10An order under this section does not affect fines for offences committed before the order comes into force.

(a)5in the case of a child remanded under subsection (1), the first or second set of conditions for such a remand (see sections 91 and 92) is met in relation to the child, or

(b)in the case of a child remanded under subsection (2), the first or second set of conditions for such a remand in an extradition case (see sections 1093 and 94) is met in relation to the child.

(5)This section is subject to section 128(7) of the Magistrates’ Courts Act 1980 (remands to police detention for periods of not more than 3 days); but that provision has effect in relation to a child as if for the reference to 3 clear days there were substituted a reference to 24 hours.

(6)15In this Chapter, “child” means a person under the age of 18.

(7)References in this Chapter (other than in relation to extradition proceedings) to the remand of a child include a reference to—

(a)the sending of a child for trial, and

(b)the committal of a child for sentence,

20and related expressions are to be construed accordingly.

(8)Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons) by Schedule 3 to the Criminal Justice Act 2003 is fully in force, subsection (7) has effect as if it also referred to the committal of a child for trial.

(9)25Subsection (7) also applies to any provision of an Act other than this Act that refers (directly or indirectly) to the remand of a child under this section.

Remands to local authority accommodation

85Remands to local authority accommodation

(1)A remand to local authority accommodation is a remand to accommodation 30provided by or on behalf of a local authority.

(2)A court that remands a child to local authority accommodation must designate the local authority that is to receive the child.

(3)That authority must be—

(a)in the case of a child who is being looked after by a local authority, that 35authority, and

(b)in any other case, the local authority in whose area it appears to the court that the child habitually resides or the offence or one of the offences was committed.

(4)The designated authority must—

(a)40receive the child, and

(b)provide or arrange for the provision of accommodation for the child whilst the child is remanded to local authority accommodation.

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(5)Where a child is remanded to local authority accommodation, it is lawful for any person acting on behalf of the designated authority to detain the child.

86Conditions etc on remands to local authority accommodation

(1)A court remanding a child to local authority accommodation may require the 5child to comply with any conditions that could be imposed under section 3(6) of the Bail Act 1976 if the child were then being granted bail.

(2)The court may also require the child to comply with any conditions imposed for the purpose of securing the electronic monitoring of the child’s compliance with the conditions imposed under subsection (1) if—

(a)10in the case of a child remanded under section 84(1) (proceedings other than extradition proceedings), the requirements in section 87 are met, or

(b)in the case of a child remanded under section 84(2) (extradition proceedings), the requirements in section 88 are met.

(3)15A court remanding a child to local authority accommodation may impose on the designated authority—

(a)requirements for securing compliance with any conditions imposed on the child under subsection (1) or (2), or

(b)requirements stipulating that the child must not be placed with a 20named person.

(4)A court may only impose a condition under subsection (1) or (2), or a requirement under subsection (3), after consultation with the designated authority.

(5)Where a child has been remanded to local authority accommodation, a relevant 25court—

(a)may, on the application of the designated authority, impose on that child any conditions that could be imposed under subsection (1) or (2)if the court were then remanding the child to local authority accommodation, and

(b)30where it does so, may impose on the authority requirements for securing compliance with the conditions imposed under paragraph (a).

(6)Where a child has been remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that child, vary or revoke any conditions or requirements imposed under this section (including 35as previously varied under this subsection).

(7)A court that imposes conditions on a child under this section or varies conditions so imposed—

(a)must explain to the child in open court and in ordinary language why it is imposing or varying those conditions, and

(b)40if the court is a magistrates’ court, must cause a reason given under paragraph (a) to be specified in the warrant of commitment and entered in the register.

(8)In this section “relevant court”—

(a)in relation to a child remanded to local authority accommodation by 45virtue of section 84(1) (proceedings other than extradition proceedings), means—

(i)the court by which the child was so remanded, or

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(ii)any magistrates’ court that has jurisdiction in the place where the child is for the time being;

(b)in relation to a child remanded to local authority accommodation by virtue of section 84(2) (extradition proceedings), means the court by 5which the child was so remanded.

(9)References in this section to consultation are to such consultation (if any) as is reasonably practicable in all the circumstances of the case.

87Requirements for electronic monitoring

(1)The requirements referred to in section 86(2)(a) (conditions for imposing 10electronic monitoring condition: non-extradition cases) are those set out in subsections to (2) to (6).

(2)The first requirement is that the child has reached the age of twelve.

(3)The second requirement is that the offence mentioned in section 84(1), or one or more of those offences, is an imprisonable offence.

(4)15The third requirement is that—

(a)the offence mentioned in section 84(1), or one or more of those offences, is a violent or sexual offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or

(b)the offence or offences mentioned in section 84(1), together with any 20other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing imprisonable offences while—

(i)on bail,

(ii)25remanded to local authority accommodation, or

(iii)remanded to youth detention accommodation.

(5)The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.

(6)30The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child’s case.

(7)For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will 35not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

(8)In this Chapter—

“electronic monitoring condition” means a condition imposed on a child remanded to local authority accommodation for the purpose of 40securing the electronic monitoring of the child’s compliance with conditions imposed under section 86(1);

“imprisonable offence” means an offence punishable in the case of an adult with imprisonment;

“sexual offence” means an offence specified in Part 2 of Schedule 15 to the 45Criminal Justice Act 2003;

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“violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003;

“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

(9)5The reference in subsection (4)(b) to a child being remanded to local authority accommodation or to youth detention accommodation includes a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969.

88Requirements for electronic monitoring: extradition cases

(1)10The requirements referred to in section 86(2)(b) (conditions for imposing electronic monitoring condition: extradition cases) are those set out in subsections to (2) to (6).

(2)The first requirement is that the child has reached the age of twelve.

(3)The second requirement is that the offence to which the extradition 15proceedings relate, or one or more of those offences, is an imprisonable offence.

(4)The third requirement is that—

(a)the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in the United Kingdom, constitute a violent or sexual 20offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years of more, or

(b)the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child has been convicted, amount or would, if the child were convicted of that 25offence or those offences, amount to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.

(5)The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.

(6)30The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child’s case.

(7)For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will 35not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

(8)References in this Chapter to an imprisonable offence, in relation to an offence with which a child has been charged or of which a child has been convicted outside the United Kingdom, are to an offence equivalent to an offence that is 40punishable with imprisonment in the United Kingdom.

(9)References in this Chapter to a child being subject to a custodial remand are to the child being—

(a)remanded to local authority accommodation or youth detention accommodation, or

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(b)subject to a form of custodial detention in a country outside the United Kingdom while awaiting trial or sentence in that country or during a trial in that country.

(10)The reference in subsection (9) to a child being remanded to local authority 5accommodation or youth detention accommodation includes a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969.

89Further provisions about electronic monitoring

(1)Where a court imposes an electronic monitoring condition, the condition must 10include provision making a person responsible for the monitoring.

(2)A person who is made responsible by virtue of subsection (1) must be of a description specified in an order made by the Secretary of State.

(b)in particular, the functions of persons made responsible by virtue of subsection (1) of this section.

(4)Rules under this section may make different provision for different cases.

(5)Any power of the Secretary of State to make an order or rules under this section 20is exercisable by statutory instrument.

(6)A statutory instrument containing rules under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

90Liability to arrest for breaking conditions of remand

(1)A child may be arrested without warrant by a constable if—

(a)25the child has been remanded to local authority accommodation,

(b)conditions under section 86 have been imposed in respect of the child, and

(c)the constable has reasonable grounds for suspecting that the child has broken any of those conditions.

(2)30Subject to subsection (3), a child arrested under subsection (1) must be brought before a justice of the peace—

(a)as soon as practicable, and

(b)in any event within the period of 24 hours beginning with the child’s arrest.

(3)35If the child was arrested during the period of 24 hours ending with the time appointed for the child to appear before the court in pursuance of the remand, the child must be brought before the court before which the child was to have appeared.

(4)In reckoning a period of 24 hours for the purposes of subsection (2) or (3), no 40account is to be taken of Christmas Day, Good Friday or any Sunday.

(5)If a justice of the peace before whom a child is brought under subsection (2) is of the opinion that the child has broken any condition imposed in respect of the child under section 86, the justice of the peace must remand the child.

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(6)Section 84 applies to a child in relation to whom subsection (5) applies as if—

(a)except in a case within paragraph (b), the child was then charged with or convicted of the offence for which the child had been remanded, or

(b)in the case of a child remanded in connection with extradition 5proceedings, the child was then appearing before the justice of the peace in connection with those proceedings.

(7)If a justice of the peace before whom a child is brought under subsection (2) is not of the opinion mentioned in subsection (5), the justice of the peace must remand the child to the place to which the child had been remanded at the time 10of the child’s arrest subject to the same conditions as those which had been imposed on the child at that time.

Remands to youth detention accommodation

91First set of conditions for a remand to youth detention accommodation

(1)For the purposes of section 84(4)(a), the first set of conditions for a remand to 15youth detention accommodation is met in relation to a child if each of the following is met in relation to the child—

(3)The offence condition is that the offence mentioned in section 84(1), or one or more of those offences—

(a)25is a violent or sexual offence, or

(b)is an offence punishable in the case of an adult with imprisonment for a term of 14 years of more.

(4)The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth 30detention accommodation would be adequate—

(a)to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or

(b)to prevent the commission by the child of imprisonable offences.

(5)35The first legal representation condition is that the child is legally represented before the court.

(6)The second legal representation condition is that the child is not legally represented before the court and—

(a)representation was provided to the child under Part 1 of this Act for the 40purposes of the proceedings, but was withdrawn—

(i)because of the child’s conduct, or

(ii)because it appeared that the child’s financial resources were such that the child was not eligible for such representation,